The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-07
JUDGE L. S. HAMMOND
MAKES AN IMPORTANT SUGGESTION
IN THE INTEREST OF LITIGANTs.
He Asks for the appointment OF Il
Commission to Examine and Report
Upon the Federal Judiciary with q
View TO Its Efficiency.

To the Editor oi the APPEAL.
An editorial paragraph in THE ArrEAL
of this morning, calls attention to the con-
gcsted condition Of business in the SUI
preme court OF the United States and sug-
gcsts n remedy which. whatever may be
rs advantages, stands no chance OF adop-
ton in the present condition Of public
opinion and while the existing attitude Of
political parties in their relation to the
suliicct continues. We had in Tennessee
nm object lesson with the supreme court
sittinvs In sections Hnd Il was not salts
factory. A bill proposed by me some
wears ngo. which received the flattoring
Endorsement OF the bar of this city, aud
influential commentator elsewhere, was,
as 10 some oi IT. features, incorporated in
the Davis bill, which passed the Senate,
but ms 10 the most important requirements,
IL was rejected by that contriyance. sub.
scouently ID became the basis OF the bill
prpposed by Senator Jackson, IA a sub
committee OF the Senate judiciary conf
mittce. but was much modified in Is
scntial particulars. That plan requires the
consolidation OF the circuit aud district
courts, the keeping up OF the two being
incidentally absurd; the institution Of a
court Of appeals for the convenient groups
of States 10 which all cases from III local
courts may bc taken; aud then AN appeal
10 the supreme court only In those eases
presenting federal question" arising
upon disputed construction Of the con-
stitution or an act of Congress, except In
such other cases ~ the supreme court, or
direct application, should find necessary
60 take into that tribunal 10 harmonizc
nny conflicting OF diverse rulings Of the
several appellate courts, and this without
rcgnrd 10 the amount In controversy In
some such direction ~ this does relief lie
in the opinion Of many Of the best informed
thinkers upon this subject. But no such
relief is possible, Mr.. Editor, under exist
ing conditions. Congress cannot deal with
the subject, because Il il not understood
by Congrcss for want Of information, both
al fact and law. ] was struck while read.
ing the other day some commentary
ON the difficulties Of obtaining needed leg
isaiion from the British Parliament IN
regard 10 Scottish ailairs, with the state
ment that the obstacle was want OF I'M
derstanding m to what was needed, the
writer saying that the men In Parliament
naturally shrank from that which they
did not understand, and preferred 10 le,
matters stand as they were. This " a
precise description OF the condition of Con.
gness ON this suljcci Of Judicial reform. II
j. the condition Of every Legislative body
in dealing with II. None but the crudcst
and most unsatisfactory results arr at
iainable by piece work, and the dcplora-
bic state Of our federal legislation is hut nm
example Of that well known fact. Only a
few know how dcplomblc that legislation
h. and with jurisprudence entirely
unique and about 100 years old, the only
remedy that intelligence clutches after is
90 raise the amount Of the jurisdiction
Of tbs Supreme Court and keep out
all eases except those concerning
the very rich. Impressed With the con.
viciion that no legislation Is possibl,
through ordinary methods, aud knowing
~ al lawyers do, that the only satisfactory
reforms have been reached through IN,
medium Ut preliminary inquiry by Q
competent commission, which shall lay be-
fore thccnming legislature the needed h.
formation 10 enable IL 10 deal intclligibll
with the subject ] have sent 10 Repre-
sentative nhclnn bill constituting such
commission. Of the chief justice, one cir
cult aud one district judge, and four en-
incni lawyers, To- H. appointed 10y th'
President a. inquire into all exist
ing laws concerning the organiza
ton, jurisdiction aud methods @
procedure in the courts ot the Unite,
States AMI To Upor to Iongrss NJ an,
time. hui not later than Ia the Fiity.hn,
tonrrss when mhlcd IN H. first session
What changes or reforms are dcsitahl,
aud What legislation Is necessary Ia iui
thcr The administration of justice Ia tho.
courts. and 10 submit with their IMPORT
dmit If such legislation as they shall ~,
ommCnd.'
Such commission would conccntml
public aud legislative opinion. and cnabI
tongurss 20 net with thU very best INTEL
grncc and results
] respectfully nsk The support oi To-
Arwu and Che public pr'ss ior thi
scheme ut providing the people oi III
lniicl States with nn acceptable judicial
establishment. 4. - llNNNuNp.